Obtained 10 security licenses and registered two security firms

In September-October of 2016, our company provided legal assistance in obtaining the Security Licenses for ten companies from different regions of Ukraine - six companies were from Kyiv, one company was each from the Kyiv, Donetsk, Kharkiv and Rivne regions.  As you can see, registration of our Clients outside Kyiv is not an obstacle for our specialists to successfully provide services for obtaining the Security License.

Our client portfolio included also operating enterprises that decided to obtain the license. And that was most of the Clients. However, we provided two of our Clients with a full range of services, including the registration of a security company and obtainment of the license.

It’s worth noting that in October it was still possible to register enterprises under the principle of extraterritoriality, i.e. we could register an enterprise located in another region of Ukraine in Kyiv, indicating the regional address as the enterprise’s actual location. Unfortunately, this innovation was short-lived and at the moment the principle of extraterritoriality is significantly narrowed. But at that time it allowed us for the first time in the ten-year history of the company to provide the Client from the region with a full range of services for the registration of the security company.

The practice of the licensing authority was also marked by minor innovations that significantly affect their decision to grant or refuse the Security Licence. Thus, for example, it became necessary to specify the phone number of the director of the enterprise in the application. This requirement of the licensing authority does not seem legitimate to us, as pursuant to the regulatory documents, it is required to indicate the company’s phone number, which is not always the personal mobile number of its director. However, as can be seen from the official statistics of the licensing authority, the revocation of licenses continues due to the submission of false information, suggesting that some licensees or their lawyers are dishonest, when submitting, for example, documents on the security director, who does not even know that he/she is employed by the company. Since the licensing authority needs to somehow monitor the licensees after they have obtained the Security License, this seems to be a reasonable measure.

The Ministry of Internal Affairs of Ukraine has also changed its position regarding the content of the employment agreement concluded by and between the security director and the company. Although the content of the employment agreement is a personal business of the employer and the employee, the licensing authority for some reasons believes that it is also authorized to determine its terms and conditions.

Despite the fact that the regulatory documents haven't been actually amended in recent years, we don’t have the established practice of obtaining Security Licenses. We think that such situation can be primarily explained by personnel changes in the licensing department and the attempts of new employees to gain experience.

Despite this, our company can lead its Clients through all the labyrinths of power corridors and obtain the Security License within the stipulated period.

You can learn more about the terms and conditions of cooperation with our law firm here.

Publication date: 16/11/2016

About author

Name: Volodymyr Gurlov

Position: Partner

Education: National Academy of the Security Service of Ukraine

Knowledge of languages: Russian, Ukrainian, English

Email: [email protected]

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